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This is especially true in Arizona, where soliciting a prostitute is not actually a state crime. For example, not only does Arizona ban the actual act of prostitution or selling sex for money , it also has laws prohibiting the enticement of customers into brothels or other locations for the purpose of engaging in prostitution, receiving the earnings of a prostitute, and forcing a spouse to engage in prostitution among other activities.
However, state law is notably silent on the customers of prostitutes. Instead, the State of Arizona has left it up to its local municipalities to create ordinances governing the solicitation of prostitution.
Because Arizona has chosen to make solicitation a local issue, the law varies from city to city. Here are some examples of how different cities in Arizona address solicitation:. Phoenix has very clear laws prohibiting solicitation, making it a Class 1 misdemeanor. After the first offense, the mandatory jail time starts going up: a minimum of 30 days for second offenders, 60 days for third offenses, and at least days in jail for fourth offenses.
However, the ordinance is silent on solicitation from private places. Penalties are similar to Phoenix in Tucson: the jail time is the same, although fines are mandatory. Like Phoenix, Scottsdale has an explicit prohibition on solicitation, making it a misdemeanor. Second, third, and fourth offense jail time is the same as Phoenix. Consequently, in Yuma it is not illegal for a woman to solicit a female prostitute, nor for a man to solicit a male prostitute although the state and local laws against prostitution would still apply to the sex worker.
The City of Flagstaff has no ordinance against solicitation of prostitution. Because the State of Arizona has also chosen not to create anti-solicitation laws, this means it is NOT illegal to solicit a prostitute in Flagstaff, Arizona. But always remember: you are innocent until proven guilty. Our criminal defense firm has helped many clients out of similar difficult circumstances all across the State of Arizona, and our attorneys are well-versed in the variations in local laws that might make all the difference in your case.